Contract partners of credit card companies always see themselves in a negative position based on the nature of credit card business. The have to give their goods to the customer without an immediate payment. Therefore the credit card company has to make sure that the system is not misused by a third party. If the company neglects this duty it has to pay for eventual damage of the customer.

Unchallenged parts of a decision can evolve partial legal effect. Therefore an unchallenged part of a decision can get indefeasible if it is not in a coherence with the disputed decision.

Whether deficiency is minor has to be checked at the time of change from correction of defects to secondary remedy so already checked deficiencies are not considered for a decision of conversion.

The donation contract in contemplation of death only occurs under specific requirements. In the established notarial deed has to be an explicit acknowledgement of receipt from the gift taker and a sacrifice of revocation from the gift donor. This also takes effect to a mixed donation, otherwise there is only a legacy but no contract.

The restriction of the power to represent by patent lawyers ahead of OGH and OLG does not violate the principle of equality treatment. Further there is no disproportionate interference to the freedom of acquisition practice due to the restriction.

Even though the local supply law includes a ban of discrimination it’s not valid for delivery refusal. Therefore the delivery refusal is permitted until it threatens the local supply or the last vendor’s competitiveness. Since sports goods don’t satisfy the necessary needs for daily life the threat for local supply discards.

If the legal heirs oppose the will of the decedent and disregard the last will or challenge the legacy they lose their law of succession and they only receive the legal share.

Objections regarding testamentary capacity or authenticity of the legacy don’t harm the heirs.

Purpose of the trademark registration is to identify the origin of the brand. Due to the bad faith hoarding of brands (trademark grabbing) the origin is no longer identifiable.

The main goal is to make businesses with a similar concept buy rights or make them pay a penal payment through a trademark collection labelled as low as possible.

According to §155 PatG every product of the same nature qualifies as compounded after the patent procedure until it is proved otherwise. The reversal of the burden of proof is not applicable if it’s about an older product. An entrepreneur has to reveal his manufacturing method only if his product is new and there is a certain possibility that he uses a patented procedure.

If a product is manufactured on behalf of somebody else it shall be used for the original purpose. Therefore if an association of forest owners compile a study about the positive effects of Swiss pine on health at a research association they own the full usufructuary right on the study. Especially advertisement for the study is included in this right.